Insurance

 

Our multidisciplinary teams enable us to provide transactional and litigation advice to the numerous actors of the insurance sector (insurers [joint stock companies, mutual insurance companies, and benefits institutions], reinsurers or intermediaries). Our cross-practice approach and our project management method enable us to manage our clients’ diverse and complex cases with expert knowledge of the issues and context specific to them from a regulatory, structural and contractual perspective.

Our activity in the insurance sector consists in dealing with national, European and international issues in areas as diverse as:

 

Corporate

  • Structural approval and freedom to provide services: incorporation of insurance companies and formalities to obtain or renew approvals – assistance of European Groups to develop their activities in France in the life insurance and construction insurance market.
  • Governance: advice and information relating to directors’ liability and the latest requirements in terms of internal audit.
  • Setting up of the first SGAM (Mutual Insurance Group Company) and merger control : in the context of the merger of several mutual insurance companies, creation of umbrella structures (SGAM) including the very first, decision-making and technical bodies for service management and delivery (GPS), mutual insurance unions under the French mutual companies code (common law unions, UGM and UMG), pensions and welfare joint committees under the French social security code – notification of major concentrative operations– internal restructuring – disinvestment – bank insurance partnership.
  • Notification of major concentration operations
  • Disinvestment operations
  • Bank-Insurance partnerships
  • Setting up of insurance companies: assistance in negotiating a partnership and creating a French insurance company on behalf of a group of insurance and foreign investors.
  • Mergers and acquisitions within the insurance sector: assistance in the context of the assignment and acquisition of insurance companies and the investment in France and abroad (structuring, drafting of the information memorandum, data room, precontractual agreements, assignment agreements, guaranties…).
  • Mergers and acquisitions out of the insurance sector: we have a comprehensive experience in external growth transactions, disinvestments and mergers, involving actors of the insurance sector but not focusing exclusively on the core business, including major French and European concentration transactions.
  • Internal restructuring.
  • Mutual insurances (French mutual insurance companies code): assistance in the evolution of their internal regulations and in the setting up of unions.
  • Mutual funds: creation and management of FCPE within insurance groups.
  • Issuance of securities.
  • Transfer of insurance, brokerage and reinsurance portfolios.
  • Implementation of management delegations, substitution agreements, EIG and other partnership structures.

 

Distribution

  • Bancassurance : assistance in defining the conditions according to which banking products are distributed by insurance companies
  • Intermediation: advice provided to various clients pursuant to the intermediation reform in the insurance sector.
  • E-insurance: advice regarding to distribution via Internet.
  • Competition: issues relating to coalitions, tied selling…

 

Insurance contracts

  • Life insurance: advice in the context of regulated information campaigns among subscribers of life insurances.
  • Management of pension scheme: monitoring of an IRS in the context of the transfer to an insurer of the management of a pension scheme, its provisions and commitments.
  • Diversified contracts: advice in implementing the first diversified contracts.
  • Property: participation in the design and validation of tax exemption products including life insurance elements.
  • 5th risk: assistance in creating and distributing care insurance products.
  • Insurance against occupational diseases: in the context of the assignment of the group, outsourcing of the risk management relating to occupational diseases.
  • Drafting of policies (life insurance, health insurance, and civil liability insurance).
  • Construction: drafting of structural damage policies, decennial civil liability, guarantees, single site policies…
  • Credit insurance: consequences of the reform relating to payment deadlines in the management of claims for damages (assessment of qualifying periods).
  • Audit and improvement of compensation proceedings for life insurance companies.
  • Freedom to provide services: validation of life insurance products.
  • Setting up of partnerships for the distribution of white products.
  • Risk outsourcing with an insurance company.

 

Insurance disputes with respect to insurance law

  • Civil liability disputes: executives’ liabilities, professional liability, product liability, insurance intermediary liability.
  • Insurance products disputes: life insurance, funeral cover and distribution of insurance products.
  • Damage dispute in France for an English insurance company in run-off.
  • Reinsurance disputes.

 

Intellectual property

  • Management of copyright dispute relating to all the advertising campaigns of a French insurance group and a European insurance group.
  • Assistance of a European insurance group in the context of various trademark and copyright disputes against prior rightholders.

 

Banking

  • Dispute relating to the validity and qualification of a bank loan granted to an insurance group.
  • Disputes relating to financial products offered by an English insurance group.

 

Real estate

  • Acquisition and assignment of immovable assets.
  • Assignment of a real estate division.